[Order of the Court was made by A.SELVAM, J.] This Contempt Petition has been filed under Section 11 of the Contempt of Courts Act, praying to punish the respondents since they disobeyed the order passed in W.P(MD)No.10826 of 2011 by this Court on 06.06.2013.
2.The learned counsel appearing for the petitioner has contended that in W.P(MD)No.10826 of 2011 a specific direction has been given to the respondents to remove encroachments within a period of three months and since the respondents have not obeyed the order passed in W.P(MD)No.10826 of 2011, for the purpose of punishing them, the present contempt petition has been filed.
3.The learned counsel appearing for the second respondent has also equally contended that the water body mentioned in the order passed in W.P(MD)No.10826 of 2011 belongs to a trust by name Kottar Thesiga Nayinar Trust and the same is under the control of Hindu Religious and Charitable Endowments Department and therefore the respondents 1 and 2 are not competent authorities to remove encroachments.
4.In fact this Court has perused the letter given by the first respondent, wherein it has been clearly stated that the water body mentioned in the order passed in W.P(MD)No.10826 of 2011 belongs to the said trust and the same is under the control of Hindu Religious and Charitable Endowments Department.
5.Considering the fact that the tank in question is under the control of Hindu Religious and Charitable Endowments Department, the respondents 1 and 2 are not competent persons to remove encroachments and further it is seen from the proceedings of the respondents 1 and 2 that in pursuance of the order passed in W.P(MD)No.10826 of 2011, they have taken certain steps. Under the said circumstances, there is no disobedience of the order passed in W.P(MD)No.10826 of 2011 on their part and therefore the present contempt petition deserves to be dismissed.
6.In fine, this contempt petition is dismissed. No costs.
To
1.The District Collector, Kanyakumari, Kanyakumari District.
2.The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District. .